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NEW INTERNATIONAL ARBITRATION COURT
ESTABLISHED
June 15th, 1998 Austin,
Texas USA
Republic of New Lemuria announced that publication of the rules of the Permanent Court of
Arbitration are now available at this web site:
Update: Arbitration Court rules are being moved to a page on this website.
The significant differences that distinguish this Court of Arbitration from
other mediation forums are as follows:
What is the RNLPCA Arbitration and Mediation Center?
The purpose of the RNLPCA Arbitration and Mediation Center, which was
established in 1997 administered jointly by the Republic of New Lemuria Bar
Association and the Republic of New Lemuria Permanent Court of Arbitration (RNLPCA)
in Austin, Texas, is to offer arbitration and mediation services for the
resolution of all forms of disputes between private parties, communities,
organizations {whether NGO's or IGO's], and nations. The dispute resolution
procedures offered by the Center, which lend themselves also to all types of
disputes [including environmental, land use, community based, ecclesiastical,
commercial, etc.], constitute alternatives to court litigation.
The Center is international, independent and neutral, and is assisted in its
operation by advisory bodies composed of external experts in international
dispute resolution and intellectual property.
Which dispute-resolution procedures does the Center offer?
Mediation: a non-binding procedure in which a neutral intermediary, the
mediator, assists the parties in reaching a mutually satisfactory, agreed
settlement of the dispute.
Arbitration: a procedure in which the dispute is submitted to one or several
arbitrators who make a binding decision (an "award") on the dispute.
Mediation followed, in the absence of settlement, by arbitration: a procedure
which combines mediation and, where the dispute is not settled through the
mediation within a period of time agreed by the parties, arbitration.
How are the RNLPCA dispute-resolution procedures conducted?
Each of these dispute-resolution procedures is conducted pursuant to Rules: the
RNLPCA Mediation Rules, and the RNLPCA Arbitration Rules. These Rules, which
exist in several languages, incorporate the latest developments in the area of
dispute resolution and can be used in any legal system in the world.
Who can use the RNLPCA dispute-resolution procedures, and where?
The procedures are open to any person or entity, regardless of nationality or
domicile. They may be held anywhere in the world, in any language and under any
law chosen by the parties.
For which disputes can the RNLPCA dispute-resolution procedures be used?
The Rules governing the RNLPCA dispute-resolution procedures contain features
that are specially suitable for disputes involving environmental,
ecclesiastical, governmental, commercial, and treaty related. However, the Rules
can be used for the resolution of all disputes, including those not listed
above.
Why use the RNLPCA dispute-resolution procedures?
The RNLPCA dispute-resolution procedures offer:
One single procedure (as opposed to several court actions in different
countries), which, in the case of arbitration, produces a result that is final
and enforceable internationally
Savings of time and cost
Party autonomy in choosing the applicable law, procedure and language of the
proceedings
Neutrality in relation to the law, language and institutional culture of the
parties
The possibility to have specialized expertise represented on the arbitral
tribunal or through the mediator
Strict confidentiality
Modern rules accommodating the specific characteristics of intellectual property
disputes
How are disputes referred to the RNLPCA dispute-resolution procedures?
For disputes that may occur in the future, parties may include a clause in their
contract providing for the reference of all disputes under that contract to one
of the RNLPCA dispute resolution procedures. For existing disputes, parties may
conclude a submission agreement providing for the reference of the dispute.
The Center has established model contract clauses and model submission
agreements, which exist in several languages.
Also, at the request of a party to a dispute, the Center will offer to convene a
meeting between the parties to discuss the possibility of submitting the dispute
to a procedure offered by the Center. The Center can also assist in the drafting
of the submission agreement.
Who are the arbitrators and mediators?
Parties may appoint their own arbitrators and mediators, or may leave the choice
to the Center. For this purpose, the Center maintains lists of mediators and
arbitrators, including comprehensive details of their qualifications and
experience. The persons listed represent a wide variety of specialization in all
fields.
Persons wishing to be considered for listing as RNLPCA mediator or arbitrator
may complete the Form of Offer (available in MS Word 2.0 and Adobe PDF formats)
to serve as RNLPCA arbitrator and/or mediator.
What does RNLPCA dispute-resolution cost?
The Center operates on a non-profit basis. In respect of each procedure, fees
are payable to the Center and to the mediator or arbitrator, which are
calculated in accordance with a standard Schedule of Fees on the basis of the
amount in dispute.
What does the Center offer besides dispute-resolution procedures?
The Center regularly organizes Conferences on the subject of arbitration and
mediation of intellectual property disputes, Workshops for Arbitrators, and
Training Programs on Mediation in Intellectual Property Disputes. These events,
which usually take place at the headquarters of RNLPCA in Austin, Texas, are
open to any interested person.
How to contact the Center for further information and publications?
Advice, information and publications, including brochures containing the
information on the web site of the Center, such as the Rules and the Recommended
Contract Clauses and Submission Agreements in different languages, may be
obtained as follows:
RNLPCA Arbitration and Mediation Center
Deputy Minister: Richard James: MacDonald
Republic of New Lemuria Permanent Court of Arbitration
E-Mail: richard@caprica.com
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